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All Journal Jurnal Greenation Sosial dan Politik Greenation International Journal of Law and Social Sciences
Yanah Susanti
Universitas Borobudur, Jakarta, Indonesia
Law, Crime, Criminology & Criminal Justice Social Sciences

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Lack of Regulations Regarding the Maximum Limit of Compensation That Can Be Charged to Notaries for Negligence in Making Authentic Deeds Yanah Susanti; Subianta Mandala
Jurnal Greenation Sosial dan Politik Vol. 3 No. 4 (2025): Jurnal Greenation Sosial dan Politik (November 2025 - Januari 2026)
Publisher : Greenation Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jgsp.v3i4.555

Abstract

Article 84 of Law Number 2 of 2014 concerning the Notary Public (UUJN) stipulates that notaries may be subject to compensation sanctions if they are negligent in making authentic deeds. However, the article does not stipulate a maximum limit for compensation that can be imposed, thus creating a legal vacuum that impacts legal certainty and protection for notaries and the public. This ambiguity opens up opportunities for excessive lawsuits and an imbalance between professional responsibility and legal protection for public officials. This study uses a statutory and conceptual approach by examining the relationship between Article 84 of the UUJN, Article 1365 of the Civil Code concerning unlawful acts, and Article 1243 of the Civil Code concerning breach of contract. The results indicate that the regulation of notary liability is still general and does not fulfill the lex certa principle as required by the theory of legal certainty. Comparison with the legal systems in the Netherlands, Germany, and France shows that the regulation of notary liability limits through a system of limited liability and professional liability insurance can provide balanced protection for the profession and service users. This study recommends revising Article 84 of the UUJN by adding provisions on maximum compensation limits, establishing implementing regulations, and implementing a mandatory professional insurance system. These regulations are expected to achieve justice, legal certainty, and proportional protection for all parties.
Notary Responsibilities and Legal Protection of Legal Owners of Land Certificates Transferred Illegally (Case Study of Land Ownership Certificate No. 3747/Pondok Pinang, South Jakarta) Yanah Susanti; Zudan Arief Fakrulloh
Greenation International Journal of Law and Social Sciences Vol. 3 No. 3 (2025): (GIJLSS) Greenation International Journal of Law and Social Sciences (September
Publisher : Greenation Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/gijlss.v3i3.573

Abstract

The land dispute case experienced by Ir. Sugandi over Certificate of Ownership (SHM) No. 3747/Pondok Pinang, South Jakarta, demonstrates the abuse of authority by notaries and the weakness of land administration oversight. The land certificate belonging to Ir. Sugandi was unlawfully transferred through the involvement of several notaries, resulting in the issuance of a preliminary sale and purchase agreement, a forged deed of sale and purchase, and ultimately a new certificate under the name of a third party. Furthermore, the certificate was encumbered with a mortgage at a banking institution without applying the prudential principle. This study aims to analyze the validity of land transfers carried out through defective deeds, examine the legal responsibility of the notaries involved, assess the juridical implications of the issuance of the new certificate by the National Land Agency, and evaluate the application of the prudential principle by financial institutions in accepting land rights as collateral. In addition, this study formulates legal protection measures that can be provided to the rightful owner to defend his rights. The results of this study are expected to provide theoretical contributions to the development of civil law and land law, as well as practical implications to strengthen the supervision of notarial practice, land institutions, and banking institutions in order to ensure legal certainty and the protection of land ownership rights in Indonesia.
Co-Authors Subianta Mandala Zudan Arief Fakrulloh